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(영문) 대구고등법원 2015.09.24 2014나22629
부당이득금반환등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff placed E, H, and I between E and F (the Plaintiff did not report marriage with the Plaintiff).

Defendant B married with I and placed Defendant C and D under the chain of marriage.

B. F died on or around September 31, 2006. The Plaintiff sold 278.1 square meter (hereinafter “instant land”) from the window of Changwon-si, Changwon-si, which he owned on or around August 31, 2001, and purchased 101 Dong 1415 (hereinafter “No. 1 apartment”) from the sale price, etc. on March 19, 2003, and completed the registration of ownership transfer under the name of G after purchasing K apartment 102 Dong 515 (hereinafter “No. 2 apartment”) in the same place as of May 30, 203 in the name of G, and purchasing G apartment 102 Dong 515 (hereinafter “No. 2 apartment”) in the same name as of October 17, 2005 under the same L apartment 104 Dong 308 (hereinafter “No. 3 apartment,” and completing the registration of the ownership transfer under each of the instant apartment.

C. The Plaintiff kept the sales contract and the registration certificate for each of the instant apartment bonds, and completed the move-in report to the third apartment on October 19, 2005, and resided at that place from around that time to October 2013.

In addition, the plaintiff has received the difference of each apartment of this case through G and I.

I died on February 12, 2013.

On June 5, 2013, Defendant B completed the registration of ownership transfer under his name, which was based on the inheritance by consultation and division with respect to No. 2 apartment on June 5, 2013, and completed the registration of ownership transfer on June 18.

E. On November 25, 2013, Defendant B sold to M the third apartment in the purchase price of KRW 14 million, and completed the registration of ownership transfer on the third apartment on December 23, 2012.

F. The Plaintiff entrusted I with his deposit passbook (the account number N, hereinafter “the instant deposit passbook”) and received a senior pension, living expenses, etc. as a recipient of the basic living account every month.

G. From August 12, 2005 to November 27, 2012, the instant deposit passbook adjoining the I’s place of residence.

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